United States Fifth Circuit

Convictions of money laundering promotion and illegal Medicare kickbacks are reversed; defendants' home health care company was not a wholly illegitimate enterprise. Because Medicare is not a "financial institution" within the meaning of U.S.S.G. 2B1.1(b)(12)(A), the two-level enhancement was improper.

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

• EDITH H. JONES, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Alice Miles., Scott D. Levy (argued), Houston, TX, for Richard Miles., Timothy Allison Meche (argued), New Orleans, LA, for Carrie Hamilton.


• For Appellees:
  
• Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.